Terms and Conditions of Use
Last Updated: Nov 30, 2022
NEXT SECURITY, LLC
TERMS AND CONDITIONS
THIS DOCUMENT
CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS,
LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT
CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS
TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN
ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO
THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU
PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY
SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT
ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B)
ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH
NEXT SECURITY , OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S
CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these
"Terms") apply to the purchase and sale of products and services through https://nextsecuritycorp.com
(the "Site"). These Terms are subject to change by Next Security LLC (referred to as "us", "we", or
"our" as the context may require) without prior written notice at any time, in our sole discretion. Any
changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should
review these Terms before purchasing any product or services that are available through this Site. Your
continued use of this Site after the "Last Updated Date" will constitute your acceptance of and
agreement to such changes.
1. Order Acceptance and
Cancellation. You agree that your order is an offer to buy, under these Terms, all products and
services listed in your order. All orders must be accepted by us, or we will not be obligated to
sell the products or services to you. We may choose not to accept orders at our sole discretion,
even after we send you a confirmation email with your order number and details of the items you
have ordered.
2. Prices and Payment Terms.
a. All prices, discounts, and promotions
posted on this Site are subject to change without notice. The price charged for a product or
service will be the price in effect at the time the order is placed and will be set out in your
order confirmation email. Price increases will only apply to orders placed after such changes.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and
charges will be added to your merchandise total and will be itemized in your shopping cart and
your order confirmation email. We strive to display accurate price information, however, we may,
on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to
pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions
at any time and to cancel any orders arising from such
occurrences.
b. We may offer, from time to
time, promotions on the Site that may affect pricing and that are governed by terms and
conditions separate from these Terms. If there is a conflict between the terms for a promotion
and these Terms, the promotion terms will govern.
c. Terms of payment are within our sole
discretion and, unless otherwise agreed by us in writing, payment must be received by us before
we accept an order. We accept American Express, Apple Pay, Discover, Mastercard, Paypal, Venmo,
and Visa for all purchases. You represent and warrant that (i) the credit card information you
supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit
card for the purchase, (iii) charges incurred by you will be honored by your credit card
company, and (iv) you will pay charges incurred by you at the posted prices, including shipping
and handling charges and all applicable taxes, if any, regardless of the amount quoted on the
Site at the time of your order.
3. Shipments; Delivery; Title and Risk of Loss.
a. We will arrange for shipment of the
products to you. Please check the individual product page for specific delivery options. You
will pay all shipping and handling charges specified during the ordering process. Shipping and
handling charges are reimbursement for the costs we incur in the processing, handling, packing,
shipping, and delivery of your order.
b.
Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for
any delays in shipments.
4. Returns and Refunds. Please visit our “Policies” page at the
following link for further details on our return policy and procedure:
https://nextsecuritycorp.com/pages/policies. To return products, you must obtain a Return
Merchandise Authorization ("RMA") number before shipping your product. No returns of any type
will be accepted without an RMA number.
You are responsible for all shipping and handling
charges on returned. You bear the risk of loss during shipment. All returns made within 30 days
after you receive the product are subject to a 5% restocking fee. If you return a product more
than 45 days after you received it, then the return is subject to a 20% restocking fee.
5. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the
products or services offered on our Site. Unless specifically stated otherwise in these Terms or
on our Site, the availability of products or services through our Site does not indicate an
affiliation with or endorsement of any product, service, or manufacturer. However, Next Security
is an authorized dealer for the following manufacturers: Mircom, Potter, Cooper Wheelock, Gentex
Corporation, Macurco, and Hochiki.
The products and services offered on our Site are not
covered by the manufacturer's warranty. Accordingly, Next Security offers a one-year warranty on
products sold on our Site, effective from the order shipment date. Once confirmed that any
defective in a product is a manufacturer’s defect, rather than an installation defect, our
warranty provides full replacement of all units in an order. We also reserve the right to verify
the serial numbers on the returned products.
6. Reviews. Some consumer reviews,
endorsements, or testimonials on our website or other platforms (such as Google), may be
incentivized by sweepstakes or giveaway entries. Consumers are not guaranteed any prizes,
payment, discounts, free products/services, or other special privileges or treatment. Consumers
simply receive sweepstakes entries in exchange for an honest review of Next Security LLC’s
products and customer service.
7. Sweepstakes and Giveaways.
a. Eligibility. Any sweepstakes or
giveaway run by us is only open to those who enter in-person at our Doral location (2263 NW
102nd Place, Doral, FL 33172). The sweepstakes or giveaway is open to the legal residents of the
United States of America and is void where prohibited by law. Employees of Next Security LLC and
their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and
their immediate family members and/or those living in the same household of each are not
eligible to participate in any sweepstakes or giveaways. The sweepstakes or giveaway is subject
to all applicable federal, state, and local laws and regulations and is void where prohibited.
b. You are not guaranteed to win a prize
and your chance of winning is dependent on the total number of eligible entries received.
Actual/appraised value may differ at time of prize award. The specifics of the prize shall be
solely determined by the Next Security LLC. No cash or other prize substitution permitted except
at our discretion. The prize is nontransferable. Any and all prize related expenses, including
without limitation any and all federal, state, and local taxes shall be the sole responsibility
of the winner. Acceptance of prize constitutes permission for us to use winner's name, likeness,
and entry for purposes of advertising and trade without further compensation, unless prohibited
by law. By participating, you agree to be fully unconditionally bound by these terms, and you
represent and warrant that you meet the eligibility requirements set forth herein. In addition,
you agree to accept the decisions of Next Security LLC, as final and binding as it relates to
the content.
8. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR
ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR
RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER
SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE
CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY
REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE
ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR
SITE.
The limitation of liability set forth above shall : (i) only apply to
the extent permitted by law and (ii) not apply to (A) liability resulting from our gross
negligence or willful misconduct and (B) death or bodily injury resulting from our acts or
omissions.
9. Force Majeure. We will not be liable or responsible to you, nor be deemed
to have defaulted or breached these Terms, for any failure or delay in our performance under
these Terms when and to the extent such failure or delay is caused by or results from acts or
circumstances beyond our reasonable control, including, without limitation, acts of God, flood,
fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is
declared or not), terrorist threats or acts, riot or other civil unrest, national emergency,
revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not
relating to our workforce), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown
or power outage.
10. Governing Law and Jurisdiction. This Site is operated from the
United States. All matters arising out of or relating to these Terms are governed by and
construed in accordance with the internal laws of the State of Florida without giving effect to
any choice or conflict of law provision or rule (whether of the State of Florida or any other
jurisdiction) that would cause the application of the laws of any jurisdiction other than those
of the State of Florida.
11. Dispute Resolution and Binding
Arbitration.
a. YOU AND NEXT SECURITY
ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS
THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN
ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON
LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR
RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION.
b. The arbitration will be
administered by the American Arbitration Association ("AAA") in accordance with the Consumer
Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA
Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal
Arbitration Act will govern the interpretation and enforcement of this section.
The
arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or
enforceability of this arbitration provision, including any unconscionability challenge or any
other challenge that the arbitration provision or the agreement is void, voidable, or otherwise
invalid. The arbitrator will be empowered to grant whatever relief would be available in court
under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the
parties and may be entered as a judgment in any court of competent
jurisdiction.
c. You agree to an
arbitration on an individual basis. In any dispute, NEITHER YOU NOR NEXT SECURITY WILL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR
OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's
claims and may not otherwise preside over any form of a representative or class proceeding. The
arbitral tribunal has no power to consider the enforceability of this class arbitration waiver
and any challenge to the class arbitration waiver may only be raised in a court of competent
jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision will be severed, and the remaining arbitration terms will be
enforced.
12. Assignment. You will not assign any of your rights or delegate any of your
obligations under these Terms without our prior written consent. Any purported assignment or
delegation in violation of this Section is null and void. No assignment or delegation relieves
you of any of your obligations under these Terms.
13. No Waivers. The failure by us to
enforce any right or provision of these Terms will not constitute a waiver of future enforcement
of that right or provision. The waiver of any right or provision will be effective only if in
writing and signed by a duly authorized representative of Next Security.
14. No
Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or
remedies upon any person other than you.
15. Severability. If any provision of these
Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed
from these Terms and will not affect the validity or enforceability of the remaining provisions
of these Terms.
16. Entire Agreement. These Terms, any order confirmations, and our
Privacy Policy will be deemed the final and integrated agreement between you and us on the
matters contained in these Terms.
17.
Notices.
a. To You. We may provide any
notice to you under these Terms by (i) sending a message to the email address you provide or
(ii) by posting to the Site. Notices sent by email will be effective when we send the email and
notices we provide by posting will be effective upon posting. It is your responsibility to keep
your email address current.
b. To Us. To
give us notice under these Terms, you must contact us as follows: (i) by email to
info@nextsecuritycorp.com. We may update our email for notices to us by posting a notice on the
Site. Notices provided by email will be effective one business day after they are sent.
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